2005-06-13
Cc..
CHAZEN ENGINEERING & LAND SURVEYING CO., P.C.
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Dtitchess Counry Office
Phone: (845) 454-3980
100 Glen Street, Suite 3C, Glens Falls, New York 12801
Phone: (518) 812-0513 Fax: (518) 812-2205
Web: www.chazencompanies.com
Capital District Office
Phone: (518) 273-0055
Orange County Office
Phone: (845) 567-1133
June 13, 2005
Mr. George Nieves
US Army Corps of Engineers
Regulatory Branch, Western Permits Section, Room 1937
26 Federal Plaza
New York, NY 10278
RECEIVED
JUN 1 6 2005
TOWN CLERK
Re: Dutchess County Airport Landfill
Town of Wappinger, Dutchess County, New York
Chazen Job # 40222.00
Dear Mr. Nieves:
This is in regard to a Pre-Construction Notice (PCN) that was submitted to you
under Nationwide Permit 38 for restoration activities at the Dutchess County
Airport Landfill.
On April 13, 2005, a J. Garcia, Receptionist, signed for a DHL package
submitted to your attention which contained the above referenced PCN. The PCN
package described the proposed project, which involves the upgrading and closure
remediation activities at the landfill including the installation of a final cover
system and methane (gas) venting system to comply with 6 NYCRR Part 360
regulations. These activities are being undertaken in accordance with a signed
contained signed consent order1 was administered by the NYSDEC Department of
Solid and Hazardous Materials. The PCN included all the requisite information
including a wetland delineation, a description of the area of wetland impacts and
restoration, and a proposed mitigation plan. The proposed project should have a
beneficial impact on water quality by removing a potential source of leachate to
Wappinger Creek.
Nationwide Permit Condition 13, "Notification", section (a)(3), states, "The
prospective permittee shall not begin the activity... unless 45 days have passed from
the District Engineer's receipt of the complete notification and the prospective
lConsent Order #R3-20020628-75, effective date November 3, 2003
Chazen EnL~ineenng & Land Surw1IlI1g Co., PC
En1'troPlall Associatcs, ll1c.
THE
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Chazen En1'lromllental Scn1ircs, Inc.
TelePlan Associates, Inc.
Mr. George Nieves, Western Permit Chief, ACOE
June 7, 2005
Page 2
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permittee has not received written notice from the District or Division Engineer.
Subsequently, the permittee's right to proceed under the NWP may be modified,
suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
TCC has not received any comments from your agency in the :t56 days since
your agency received the PCN. As such, it is our understanding that this project
has authorization to proceed under the federal program, and that this right to
proceed may be modified, suspended or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
TCC will continue to work with the NYSDEC to obtain an individual Section
401 Water Quality Certificate and a Town of Wappinger Wetland and Buffer
Disturbance Permit. In the meantime, if you have any questions regarding the
above referenced matter, please do not hesitate to contact me at 518-812-0513.
Sincerely,
~~.~~
Barbara B. Beall, PWS
Manager, Wetland Services
BBB/bbb
cc: Ms. Margaret Duke, NYSDEC Region 3
Ms. Gloria Morse, Town Clerk, Town of Wappinger
Dave Tompkins, TCC
Russell Urban-Mead, TCC
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